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I did not go to court on 2/82018 because i did not get

notice. SOMEONE filed an application for...
I did not go to court on 2/82018 because i did not get notice.
SOMEONE filed an application for default judgement against me.How do I take this out to continue the case?
Do I file an Opposition to Application for Def Judg? Do I file Motion to vacate entry of default? or do I file a "Motion to Deny Application for Defe Judg?"
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Customer reply replied 5 months ago
Superior COurt Civil
Answered in 8 minutes by:
3/15/2018
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
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Hello. My name is ***** ***** I am an attorney. What state is the case in?

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Customer reply replied 5 months ago
MASS Superior Court

Thank you; I am preparing a response to your question and should have that to you shortly.

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You are on the right track. If entry of default occurred but a default judgment has not yet been entered, which is what it sounds like happened, you can, and doing so quickly can be important, file a Motion to Set Aside Entry of Default and to Deny Default Judgment. You will need to explain what happened and that you did not learn about the matter until this time. You would be making the motion pursuant the Massachusetts Rules of Civil Procedure. It is generally easier to set aside entry of default than to undue an actual default judgment. Thus, getting something filed before a judgment is actually entered is extremely helpful. You may consider attaching an affidavit to your motion where in you state, under oath (would need to be notarized), what happened, that you only recently learned of the case, and that you promptly moved to set aside the default and that, as such, the other side is not prejudiced by now having to prove its claim against you.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 5 months ago
Thanks

You are welcome. Best of luck resolving this as quickly and painlessly as possible.

Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 1,410
Experience: Member at Keefer & Keefer LLC
Verified
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